MY HASBAND PAYS CHILD SUPPORT AND THEY SAY WHEN YOU PAY CHILD SUPPORT IT ALSO COME OUT OF UR TAX RETURNES BUT WE HAD A KID TOGETHER AND I WAS WONDERING IF HE FILED ON OUR CHILD WOULD THE MONEY WE GET BACK FOR HER GO TO THE OTHER CHILD THAT HE IS PAYING CHILD SUPPORT FOR OUR WOULD ONLY THE TAX RETURNES FROM HIS JOB AND WE GET TO KEEP THE MONEY WE GOT BACK FOR THE CHILD HOW DOSE IT WORK I WANTED TO FIND OUT NOW SO I CAN KNOW AHEAD OF TIME.
2007-10-16 18:31:49 · 9 answers · asked by Anonymous in Business & Finance ➔ Taxes ➔ Other - Taxes
If your husband is in arrears, the child support enforcement office can take the arrearages out of his income tax return. If you have filed a joint tax return with him, they will divide the return in half and deduct the arrearages out of "his" half. They will not deduct from "your" half.
Hope that answered your question as it was very hard to read in all caps.
2007-10-17 03:05:19 · answer #1 · answered by junebug 6 · 1⤊ 1⤋
Your question is extremely hard to read. Please do NOT type in all caps. It's the equivalent of yelling at someone. And please break your question up into several coherent sentences!
I'm guessing from your question that you are losing your tax refunds to your husband's back child support. If he hasn't been keeping up on his child support obligations that's what will happen and there's really nothing you can do about it once it gets to that point. Had he kept himself current on his obligations to his other child it never would have gone to that.
You can protect YOUR portion of any tax refund by filing Form 8379 Injured Spouse Allocation with your tax return. You can file it after the fact but that will cause major delays in getting your portion of any refund and if you file it more than 6 months after the return was filed you may not get any relief at all if the refund was already paid over to the child's other parent. When you file Form 8379, the IRS will determine how much of the joint refund is "yours" and will pay you that. State law comes in to play here since the portion attributable to you is different in community property states.
On the other hand, if your husband is current on his child support obligations, there are no tax consequences. You get no deduction for the support paid and probably cannot claim the other child as a dependent on your joint retun. Nor will your tax refunds be captured for back child support.
2007-10-16 23:12:28 · answer #2 · answered by Bostonian In MO 7 · 1⤊ 0⤋
Tax Refunds are taken if your husband in arrears.
If you file joint then they can take both of your tax refunds.
Generally if he is current on child support and has no arrears then they can not touch the tax refund.
You need to
DOCUMENT EVERYTHING and make every payment on time.
***I can not say this enough:***
DOCUMENT ~ DOCUMENT ~ DOCUMENT everything!!!!!
Pay consistantly, on time each month. DO NOT GIVE CASH.
Always pay by money order or check and keep copies of EVERYTHING YOU HAVE PAID.
***If you pay directly to your ex then get a file and keep organized records over every child support payment.***
***Keep receipts of everything you buy your children because EVERYTHING you buy can be applied to your child support payment***
In some cases it it better to go through the child support enforcement office because it holds both sides accountable BUT if you ever get behind on a payment they will become the child support payee's enemy and no matter what your x is doing will not matter cause THEY WANT THE MONEY.
KEEP GOOD RECORDS on visits, children behaviors, phone calls, money, time spent and not spent together & etc.
2007-10-17 04:47:27 · answer #3 · answered by Anonymous · 1⤊ 0⤋
If he owes back child support and has a refund coming on his tax return, it will be taken for the back cnild support no matter why he has the refund. So no, they wouldn't split it between what's from his job and what's from the child tax credit.
2007-10-17 05:30:15 · answer #4 · answered by Judy 7 · 0⤊ 0⤋
Basically, he has to pay the child support out of his pocket. He gets no deduction for it. So he earns money, pays taxes on that money and then he must pay the child support (usually write a check to the child/guardian).
When doing your taxes with your husband, you will get a child tax credit for your child you had with him. He does not get a credit for his other he is paying support for since she/he doesn't live with him.
2007-10-16 19:11:01 · answer #5 · answered by JoJo 3 · 0⤊ 0⤋
Child support has nothing to do with taxes. The payer can not use it for a tax deduction and the receiver does not report it as income.
2007-10-18 14:23:10 · answer #6 · answered by Gary 5 · 0⤊ 0⤋
you are married- and had a kid together-- no, the child support wouldn't come out of his taxes ---
if what you are saying is..he pays child support for one of his other kids --- and he is Behind on child support-and has arrears he owes..Yes, they most likely will take his taxes for this.
2007-10-18 02:46:24 · answer #7 · answered by ★★★ Katharine ♥♥♥♥ 6 · 0⤊ 0⤋
Good question. I don't think they can take any more than 50% of any refund, and then only if there is past due child support. If he's current, they can't touch it.
2007-10-16 19:33:17 · answer #8 · answered by Scott K 7 · 1⤊ 2⤋
Could you rewrite this as more than one sentence and not use all capitals? Your problem would be so much clearer.
2007-10-16 18:48:22 · answer #9 · answered by Anonymous · 3⤊ 1⤋